Year: 2025
Type: article
Abstract: This study aims to determine the form of criminal liability for military personnel who commit crimes, especially for deserters who return to their units. This research is normative, based on legal norms in laws, legal decisions, and norms applicable in society. Data is obtained from literature, legislation, and Military Court decisions. The analysis is conducted descriptively by examining the content and structure of positive law to understand the meaning of the rules used in resolving legal issues. The study results show that the form of criminal liability for deserters is regulated in Article 6a of the Military Criminal Code (KUHPM) with imprisonment, as well as dismissal from military service under Article 6b of the KUHPM. Additionally, deserters who commit crimes have the right to legal assistance.
Authors: Salomo Damanik, Hisar Siregar, Jusnizar Sinaga
Institution: University of HKBP Nommensen
Language: English
Topic: Legal Studies and Policies
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4409297147